People v. Caines

194 A.D.2d 405, 599 N.Y.S.2d 954, 1993 N.Y. App. Div. LEXIS 6164

Opinion

—Judgment, Supreme Court, New York County (Clifford A. Scott, J.), rendered January 8, 1992, convicting defendant, after a jury trial, of criminal possession of a weapon in the second and third degrees, and sentencing him, as a second felony offender, to concurrent terms of 25 years to life and 8 years to life, respectively, unanimously reversed, on the law, and the matter remanded for a new trial.

As the People concede, it was error for the trial court, over the defendant’s objection, to submit a verdict sheet to the jury listing an element of the crimes charged, even if done to clarify the essential distinction between criminal possession of a weapon in the second degree and criminal possession of a weapon in the third degree (People v Taylor, 76 NY2d 873). Concur—Murphy, P. J., Sullivan, Milonas, Asch and Nardelli, JJ.